Tree Accident Lawyer in New Jersey

When Trees Cause Serious Injuries: Your Rights Under New Jersey Law

Trees are a beautiful part of New Jersey's landscape, providing shade, improving air quality, and adding value to our properties. But when property owners, municipalities, or utility companies fail to properly maintain trees, the consequences can be devastating. A falling tree or branch can cause catastrophic injuries, significant property damage, and even death.

If you or a loved one has been injured in a tree-related accident in New Jersey, you may be entitled to substantial compensation. At Gill & Chamas, our experienced personal injury attorneys have spent decades fighting for accident victims throughout the state. We understand the complex liability issues that arise in tree accident cases and know how to build strong claims that hold negligent parties accountable.

Tree accident cases often involve multiple potentially responsible parties, insurance disputes, and questions about whether a property owner knew or should have known about a dangerous tree condition. These cases require thorough investigation and a deep understanding of New Jersey premises liability law. Our team has the resources and experience to handle even the most complex tree accident claims.

If you've been injured by a falling tree or branch, don't wait to seek legal help. Contact Gill & Chamas today for a free, no-obligation consultation.

Types of Tree Accidents We Handle

Tree accidents take many forms, and each type presents unique legal challenges. Our New Jersey tree accident lawyers handle cases involving:

Falling Trees on Vehicles

One of the most dangerous tree accidents occurs when a tree falls onto a moving or parked vehicle. These incidents can cause severe crushing injuries, traumatic brain injuries, spinal cord damage, and death. Liability may rest with the property owner where the tree was located, a municipality if the tree was on public property, or a utility company responsible for tree maintenance near power lines.

Falling Trees and Branches on People

When trees or large branches fall on pedestrians, homeowners, or workers, the injuries are often catastrophic. Victims may suffer broken bones, internal injuries, head trauma, and permanent disabilities. Property owners have a legal duty to inspect trees on their property and remove or trim those that pose a danger to others.

Trees Damaging Homes and Structures

A fallen tree can cause extensive damage to homes, garages, fences, and other structures. Beyond the property damage itself, occupants may suffer injuries from collapsing roofs, flying debris, or being trapped under wreckage. These cases often involve disputes with insurance companies over coverage and the extent of damages.

Root Damage to Foundations and Pipes

Tree roots can cause significant damage over time, cracking foundations, breaking underground pipes, and damaging sidewalks and driveways. When a neighbor's tree roots encroach onto your property and cause damage, you may have a legal claim against that neighbor for failing to maintain their tree.

Storm-Related Tree Damage

New Jersey experiences severe storms, hurricanes, and nor'easters that can bring down trees and branches. While property owners aren't automatically liable for storm damage, they may be held responsible if they knew a tree was diseased, dead, or otherwise hazardous before the storm hit.

Utility Line Interference

When trees grow into or fall onto power lines, the results can include electrocution, fires, and widespread power outages. Utility companies typically have easements that allow them to trim trees near power lines, and they may be liable when they fail to properly maintain these areas.

Who Is Liable for Tree Accidents in New Jersey?

Determining liability in tree accident cases is often complex. Multiple parties may share responsibility, and each case depends on the specific facts and circumstances. Potentially liable parties include:

Property Owners

Under New Jersey law, property owners have a duty to maintain their property in a reasonably safe condition. This includes inspecting trees for signs of disease, decay, or instability and taking appropriate action to address hazards. A property owner may be liable for tree accident injuries if:

• They knew or should have known the tree was dangerous
• They failed to take reasonable steps to address the hazard
• Their negligence caused or contributed to the accident and injuries

The key question is often whether the property owner had "actual or constructive notice" of the dangerous condition. Signs that a tree may be hazardous include visible decay, dead branches, leaning, fungal growth, and previous branch falls.

Neighbors

When a tree on your neighbor's property falls and injures you or damages your property, your neighbor may be liable. New Jersey follows the "Massachusetts Rule," which generally holds that a property owner is responsible for damage caused by their tree to a neighbor's property, especially if the tree was visibly diseased or hazardous.

If you've asked your neighbor to address a dangerous tree and they've refused, this strengthens your case significantly. We recommend documenting any communications with neighbors about hazardous trees.

Municipalities and Government Entities

Cities, towns, and counties in New Jersey are responsible for maintaining trees on public property, including parks, sidewalks, and road rights-of-way. Under the New Jersey Tort Claims Act, municipalities can be held liable for injuries caused by dangerous conditions on public property, including hazardous trees, if they had notice of the condition and failed to act.

Claims against government entities have special procedural requirements, including a 90-day notice of claim deadline. If you were injured by a tree on public property, it's crucial to contact an attorney immediately to preserve your rights.

Utility Companies

Electric, gas, and telecommunications companies often have easements that give them the right and responsibility to trim trees near their infrastructure. When a utility company fails to properly maintain trees in these areas, and a tree falls and causes injuries, the utility company may be liable.

Landlords and Property Managers

If you're injured by a tree at a rental property, both the landlord and property management company may be liable. Landlords have ongoing duties to maintain common areas and address known hazards, even if day-to-day management is delegated to a property manager.

Homeowners Associations (HOAs)

In planned communities and condominium complexes, the HOA may be responsible for maintaining trees in common areas. If an HOA knew about a dangerous tree and failed to address it, the association and its board members may face liability.

Proving Negligence in Tree Accident Cases

To recover compensation in a tree accident case, you must generally prove that the responsible party was negligent. This requires establishing four elements:

Duty of Care

The defendant owed you a duty to exercise reasonable care. Property owners, for example, have a duty to maintain their property in a reasonably safe condition and to warn visitors of known hazards.

Breach of Duty

The defendant failed to meet their duty of care. In tree accident cases, this might mean failing to inspect trees, ignoring obvious signs of decay or disease, or refusing to remove a tree known to be hazardous.

Causation

The defendant's breach of duty caused your injuries. You must show that the tree accident would not have occurred but for the defendant's negligence, and that your specific injuries were a foreseeable result of that negligence.

Damages

You suffered actual damages as a result of the accident. This includes medical expenses, lost wages, pain and suffering, and property damage.

Evidence is critical in tree accident cases. We work with arborists, engineers, and other experts to establish what caused the tree to fall, whether the defendant should have known about the hazard, and the full extent of your damages.

Common Injuries from Tree Accidents

Tree accidents often cause severe, life-altering injuries due to the tremendous force involved when a tree or large branch falls. Common injuries we see in tree accident cases include:

Traumatic Brain Injuries (TBI)

A falling tree or branch striking the head can cause concussions, skull fractures, and severe traumatic brain injuries. TBI victims may experience cognitive impairment, personality changes, memory problems, and permanent disability.

Spinal Cord Injuries

The crushing force of a fallen tree can damage the spinal cord, potentially causing partial or complete paralysis. Victims may face a lifetime of medical care, rehabilitation, and adaptive equipment needs.

Broken Bones and Fractures

Tree accidents frequently cause multiple fractures, including compound fractures that require surgical repair. Victims may need extensive rehabilitation and may never regain full function.

Crushing Injuries

When a person is trapped under a fallen tree, they may suffer crush syndrome, compartment syndrome, and damage to internal organs. These injuries can be life-threatening and require emergency medical treatment.

Lacerations and Soft Tissue Injuries

Branches and debris can cause deep cuts, puncture wounds, and damage to muscles, tendons, and ligaments. Some victims suffer permanent scarring and disfigurement.

Wrongful Death

Tragically, tree accidents sometimes result in death. When a loved one is killed by a falling tree due to someone else's negligence, surviving family members may pursue a wrongful death claim to recover compensation for their losses.

Compensation You Can Recover

Victims of tree accidents in New Jersey may be entitled to compensation for:

Medical Expenses

All reasonable medical costs related to your injuries, including emergency treatment, hospitalization, surgery, medication, rehabilitation, and ongoing care needs.

Lost Wages and Earning Capacity

If your injuries prevent you from working, you can recover compensation for lost income. If you're permanently disabled, you may also recover for diminished future earning capacity.

Pain and Suffering

Compensation for the physical pain and emotional distress caused by your injuries. This includes anxiety, depression, loss of enjoyment of life, and the impact on your relationships.

Property Damage

Repair or replacement costs for your vehicle, home, or other property damaged in the tree accident.

Future Medical Care

Many tree accident victims require ongoing medical treatment, therapy, and assistance. We work with medical experts to calculate the full cost of your future care needs.

Punitive Damages

In cases involving particularly egregious negligence, New Jersey law allows for punitive damages designed to punish the wrongdoer and deter similar conduct.

Our Record of Results in Tree Accident Cases

At Gill & Chamas, we have a proven track record of success in tree accident cases throughout New Jersey. Our attorneys have recovered significant compensation for victims of falling trees and negligent property maintenance:

• $575,000 - Settlement for a man who sustained serious injuries after encountering a fallen tree blocking a roadway. Our attorneys successfully held the responsible party accountable for failing to address the hazardous tree condition.
• $550,000 - Recovery for a young woman in Middlesex County who was struck by a falling decayed tree, causing lower back injuries. Attorney James Pagliuca presented evidence that the tree was not properly maintained and should have been removed years prior to the accident. The property owner's homeowner's insurance policy covered the settlement.
• $382,000 - Settlement for a woman in Monmouth County who was struck by a fallen tree while driving. Our firm proved that the defendant was responsible for negligent tree maintenance, arguing that the tree was old and should have been maintained and removed for safety reasons.

These results demonstrate our deep experience in tree accident litigation and our ability to hold negligent property owners accountable. Attorney James Pagliuca has represented many clients injured by falling trees throughout New Jersey and understands exactly what it takes to build a winning case.

Past results do not guarantee future outcomes. Every case is unique and must be evaluated on its own merits.

New Jersey Laws Affecting Tree Accident Claims

Several important New Jersey laws affect tree accident cases:

Statute of Limitations

In New Jersey, you generally have two years from the date of your injury to file a personal injury lawsuit. For property damage claims, you have six years. However, claims against government entities have much shorter deadlines, including a 90-day notice of claim requirement.

Don't wait to consult an attorney. Evidence can disappear, witnesses' memories fade, and missing a deadline can bar your claim entirely.

Comparative Negligence

New Jersey follows a modified comparative negligence rule. You can recover compensation as long as you were less than 50% at fault for the accident. However, your recovery will be reduced by your percentage of fault.

For example, if you're awarded $100,000 but found 20% at fault, you would receive $80,000.

Municipal Immunity

Government entities in New Jersey have certain immunities under the Tort Claims Act. However, there are exceptions for dangerous conditions on public property. An experienced attorney can help you navigate these complex rules and determine whether you have a viable claim against a municipality.